Members of the United States Armed Forces have a unique set of circumstances governing relocation after a divorce in Maryland. When you are on active duty, you have certain legal protections to your custody rights under the Servicemembers Civil Relief Act (SCRA), which allow you to maintain your current custody agreement, as laid out in your Parenting Plan, in the event of military relocation for at least 90 days. When you submit a military relocation request in writing, you will be granted an automatic stay of administrative and court proceedings. A family law judge can also choose to lengthen this time period at his or her discretion, but that will largely depend on your specific situation. To submit a relocation request, invoke your rights under SCRA, and better understand your options for relocation, it is best to seek the counsel of a trusted Annapolis child custody attorney.
Protecting family dynamics after military relocation
If you are the military parent seeking relocation or undergoing deployment, it is necessary to work with your former spouse, your Annapolis child custody lawyer, and your children to construct and enact a situation conducive to a workable family dynamic. When Parenting Plans are created during divorce proceedings for military parents, it is often necessary to consider contingency plans and alternative arrangements that allow the military spouse(s) to serve their country without losing custody of their children.
Some circumstances that could be impacted as a result of your need to relocate for military service are:
- Frequency of visits
- Delineation of custody, including primary custody
- An increased need for flexibility of visits
- Amount you are paying in child support
- Family dynamics
- Ability to support your children in school and extracurricular activities (coaching, attending recitals, and sports games)
Additionally, if your military relocation is more permanent and will affect your current arrangement with your former spouse, you will need your attorney to advocate on your behalf to a judge. If you have not been given 90 days’ notice prior to your relocation, a judge can waive that requirement.
Your ability to serve your country and your children’s welfare are equally important. A trusted Annapolis child custody lawyer will be able to walk you through this process and assist you in obtaining the most effective and workable outcome for you and your family. In most military relocation cases, having an attorney as your advocate is the best decision.
At the law office of Cynthia H. Clark & Associates, LLC, we respect and appreciate your service to our country, and we want to ensure you have a custody arrangement and Parenting Plan that works for you and your children. We can help you navigate the reporting and court processes, and will seek fair custody arrangements on your behalf. Our firm offers compassionate advocacy and ample experience working with military families. To reserve a consultation time, please call 410-990-0090 or complete our contact form. We serve clients throughout Maryland.
